The Supreme Court on Wednesday said that an investigating agency should not file charge sheet in court without completing probe to deprive default bail to an accused.

According to section 167 of the CrPC, an accused will be entitled to default bail if the investigating agency fails to file a charge sheet within 60 days from the date of remand. For certain category of offences, the stipulated period can be extended till 90 days.

"If an investigating agency files a charge sheet without completing investigation, the same would not extinguish the right of the accused to get default bail," a bench of Justices Krishna Murari and Sanjay Kumar said.

The top court's judgement came while granting bail to an accused in a criminal case.

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